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W912EK18B0001 - Solicitation Lake Red Rock IDIQ

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Indefinite Delivery Indefinite Quantity Contract for Maintenance and Repairs of Roads, Parking Areas, and Trails; Lake Red Rock, Marion

County, Iow a.

See Section 01 11 00 for Summary of Work

Completion Days: Varies per task order

Contract Maximum Capacity: $6.0 million

Bid Bonds shall be submitted on Form SF24. Bid Bond amount should be based on total contract capacity of $6,000,000.00.

In accordance w ith clause 52.219-9 Alt I (c)(1)-The apparent low bidder, if a large business, shall provide a small business subcontracting plan to the Contracting Officer. The Contracting Officer w ill notify the apparent low bidder, if a large business, w hen this plan shall be received.

X

BRUNSON E GROTHUS 309-794-5241

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

15-Feb-2018

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________16 Mar 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

W912EK

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

--- --- ---- REF BLOCK 18A)FAX:TEL: 309-794-5613 (INVOICES TEL: FAX:

W912EK18B0001 178

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912EK18B0001

Section 00010 - Solicitation Contract Form

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ORDERING PERIOD NO. 1

Date of Award to 31 March 2019

0001 Removal of Existing Aggregate Base (Up to 8 inches)

0001AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0001AB Over 1,000 Square Yards 1,000 SY $ $

0002 Preparation of Existing Aggregate Base, Shaping, and Compacting

0002AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0002AB Over 1,000 Square Yards 1,000 SY $ $

0003 Preparation of Existing Aggregate Base, Additional Aggregate

500 TN $ $

0004 Preparation of Existing Bituminous Surfacing/Aggregate Base for Use as New Base Course

750 SY $ $

0005 New Compacted Aggregate Base Course 2,500 TN $ $

0006 Asphalt Pavement Patching 500 SY $ $

0007 Compacted Portland Cement or Fly Ash Modified Base Course

0007AA Stabilization 10,000 SY $ $

0007AB Portland Cement 1,250 TN $ $

0007AC Fly Ash 1,250 TN $ $

0008 ACC Pavement Milling 500 SY $ $

0009 Asphalt Crack Sealing 50,000 LF $ $

0010 PCC Pavement Milling 500 SY $ $

0011 Concrete Crack/Joint Sealing 1,000 LF $ $

0012 Concrete Curb and Gutter 500 LF $ $

0013 Saw Cutting of Asphalt 100 LF $ $

0014 HMA Pavement Demolition and Removal 2,500 SY $ $

0015 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0016 Trail Section Replacement 500 SY $ $

0017 Tack Coat 2,500 GA $ $

0018 HMA Binder Course

0018AA Up to 500 Tons (Inclusive) 250 TN $ $

0018AB Between 500 Tons and 1,000 Tons 510 TN $ $

0018AC Over 1,000 Tons (Inclusive) 1,000 TN $ $

0019 HMA Surface Course

0019AA Up to 2,000 Tons (Inclusive) 2,000 TN $ $

0019AB Over 2,000 Tons 2,010 TN $ $

0020 Removal of Existing Pavement Marking

0020AA 4-Inch Wide Lines, Roadways 500 LF $ $

0020AB 4-Inch Wide Lines, Parking Areas 500 LF $ $

0020AC 12-Inch Wide Lines 100 LF $ $

0020AD Words and Symbols 5 EA $ $

0021 Pavement Marking

0021AA 4-Inch Wide Lines, Roadways 2,000 LF $ $

0021AB 4-Inch Wide Lines, Parking Areas (Layout Required)

2,000 LF $ $

0021AC 12-Inch Wide Lines (Layout Required) 200 LF $ $

0021AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0021AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0021AF Words and Symbols 20 EA $ $

0022 Compacted Aggregate Shoulders 1,250 TN $ $

0023 Topsoil Shoulders 400 TN $ $

0024 Fill 100 CY $ $

0025 Cut 1,000 CY $ $

0026 Emulsified Asphalt Slurry Seal

0026AA Up to 8,000 Square Yards (Inclusive) 8,000 SY $ $

0026AB Over 8,000 Square Yards 8,000 SY $ $

0027 PCC Sidewalk 150 CY $ $

0028 Concrete Pavements and Slabs 500 CY $ $

0029 Concrete Steel Reinforcement

0029AA Up to 750 Pounds (Inclusive) 750 LB $ $

0029AB Over 750 Pounds 750 LB $ $

0030 Early High Strength Concrete

0030AA Up to 500 Cubic Yards (Inclusive) 500 CY $ $

0030AB Over 500 Cubic Yards 500 CY $ $

0031 Seeding 750 SY $ $

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 1)

(ITEM NOS. 0001 THROUGH 0031, INCL.)

ORDERING PERIOD NO. 2

1 April 2019 to 31 March 2020

0101 Removal of Existing Aggregate Base (Up to 8 inches)

0101AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0101AB Over 1,000 Square Yards 1,000 SY $ $

0102 Preparation of Existing Aggregate Base, Shaping, and Compacting

0102AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0102AB Over 1,000 Square Yards 1,000 SY $ $

0103 Preparation of Existing Aggregate Base, Additional Aggregate

500 TN $ $

0104 Preparation of Existing Bituminous Surfacing/Aggregate Base for Use as New Base Course

750 SY $ $

0105 New Compacted Aggregate Base Course 2,500 TN $ $

0106 Asphalt Pavement Patching 500 SY $ $

0107 Compacted Portland Cement or Fly Ash Modified Base Course

0107AA Stabilization 10,000 SY $ $

0107AB Portland Cement 1,250 TN $ $

0107AC Fly Ash 1,250 TN $ $

0108 ACC Pavement Milling 500 SY $ $

0109 Asphalt Crack Sealing 50,000 LF $ $

0110 PCC Pavement Milling 500 SY $ $

0111 Concrete Crack/Joint Sealing 1,000 LF $ $

0112 Concrete Curb and Gutter 500 LF $ $

0113 Saw Cutting of Asphalt 100 LF $ $

0114 HMA Pavement Demolition and Removal 2,500 SY $ $

0115 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0116 Trail Section Replacement 500 SY $ $

0117 Tack Coat 2,500 GA $ $

0118 HMA Binder Course

0118AA Up to 500 Tons (Inclusive) 250 TN $ $

0118AB Between 500 Tons and 1,000 Tons 510 TN $ $

0118AC Over 1,000 Tons (Inclusive) 1,000 TN $ $

0119 HMA Surface Course

0119AA Up to 2,000 Tons (Inclusive) 2,000 TN $ $

0119AB Over 2,000 Tons 2,010 TN $ $

0120 Removal of Existing Pavement Marking

0120AA 4-Inch Wide Lines, Roadways 500 LF $ $

0120AB 4-Inch Wide Lines, Parking Areas 500 LF $ $

0120AC 12-Inch Wide Lines 100 LF $ $

0120AD Words and Symbols 5 EA $ $

0121 Pavement Marking

0121AA 4-Inch Wide Lines, Roadways 2,000 LF $ $

0121AB 4-Inch Wide Lines, Parking Areas (Layout Required)

2,000 LF $ $

0121AC 12-Inch Wide Lines (Layout Required) 200 LF $ $

0121AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0121AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0121AF Words and Symbols 20 EA $ $

0122 Compacted Aggregate Shoulders 1,250 TN $ $

0123 Topsoil Shoulders 400 TN $ $

0124 Fill 100 CY $ $

0125 Cut 1,000 CY $ $

0126 Emulsified Asphalt Slurry Seal

0126AA Up to 8,000 Square Yards (Inclusive) 8,000 SY $ $

0126AB Over 8,000 Square Yards 8,000 SY $ $

0127 PCC Sidewalk 150 CY $ $

0128 Concrete Pavements and Slabs 500 CY $ $

0129 Concrete Steel Reinforcement

0129AA Up to 750 Pounds (Inclusive) 750 LB $ $

0129AB Over 750 Pounds 750 LB $ $

0130 Early High Strength Concrete

0130AA Up to 500 Cubic Yards (Inclusive) 500 CY $ $

0130AB Over 500 Cubic Yards 500 CY $ $

0131 Seeding 750 SY $ $

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 2)

(ITEM NOS. 0101 THROUGH 0131, INCL.)

ORDERING PERIOD NO. 3

1 April 2020 to 31 March 2021

0201 Removal of Existing Aggregate Base (Up to 8 inches)

0201AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0201AB Over 1,000 Square Yards 1,000 SY $ $

0202 Preparation of Existing Aggregate Base, Shaping, and Compacting

0202AA Up to 1,000 Square Yards (Inclusive) 500 SY $ $

0202AB Over 1,000 Square Yards 1,000 SY $ $

0203 Preparation of Existing Aggregate Base, Additional Aggregate

500 TN $ $

0204 Preparation of Existing Bituminous Surfacing/Aggregate Base for Use as New Base Course

750 SY $ $

0205 New Compacted Aggregate Base Course 2,500 TN $ $

0206 Asphalt Pavement Patching 500 SY $ $

0207 Compacted Portland Cement or Fly Ash Modified Base Course

0207AA Stabilization 10,000 SY $ $

0207AB Portland Cement 1,250 TN $ $

0207AC Fly Ash 1,250 TN $ $

0208 ACC Pavement Milling 500 SY $ $

0209 Asphalt Crack Sealing 50,000 LF $ $

0210 PCC Pavement Milling 500 SY $ $

0211 Concrete Crack/Joint Sealing 1,000 LF $ $

0212 Concrete Curb and Gutter 500 LF $ $

0213 Saw Cutting of Asphalt 100 LF $ $

0214 HMA Pavement Demolition and Removal 2,500 SY $ $

0215 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0216 Trail Section Replacement 500 SY $ $

0217 Tack Coat 2,500 GA $ $

0218 HMA Binder Course

0218AA Up to 500 Tons (Inclusive) 250 TN $ $

0218AB Between 500 Tons and 1,000 Tons 510 TN $ $

0218AC Over 1,000 Tons (Inclusive) 1,000 TN $ $

0219 HMA Surface Course

0219AA Up to 2,000 Tons (Inclusive) 2,000 TN $ $

0219AB Over 2,000 Tons 2,010 TN $ $

0220 Removal of Existing Pavement Marking

0220AA 4-Inch Wide Lines, Roadways 500 LF $ $

0220AB 4-Inch Wide Lines, Parking Areas 500 LF $ $

0220AC 12-Inch Wide Lines 100 LF $ $

0220AD Words and Symbols 5 EA $ $

0221 Pavement Marking

0221AA 4-Inch Wide Lines, Roadways 2,000 LF $ $

0221AB 4-Inch Wide Lines, Parking Areas (Layout Required)

2,000 LF $ $

0221AC 12-Inch Wide Lines (Layout Required) 200 LF $ $

0221AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0221AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0221AF Words and Symbols 20 EA $ $

0222 Compacted Aggregate Shoulders 1,250 TN $ $

0223 Topsoil Shoulders 400 TN $ $

0224 Fill 100 CY $ $

0225 Cut 1,000 CY $ $

0226 Emulsified Asphalt Slurry Seal

0226AA Up to 8,000 Square Yards (Inclusive) 8,000 SY $ $

0226AB Over 8,000 Square Yards 8,000 SY $ $

0227 PCC Sidewalk 150 CY $ $

0228 Concrete Pavements and Slabs 500 CY $ $

0229 Concrete Steel Reinforcement

0229AA Up to 750 Pounds (Inclusive) 750 LB $ $

0229AB Over 750 Pounds 750 LB $ $

0230 Early High Strength Concrete

0230AA Up to 500 Cubic Yards (Inclusive) 500 CY $ $

0230AB Over 500 Cubic Yards 500 CY $ $

0231 Seeding 750 SY $ $

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 3)

(ITEM NOS. 0201 THROUGH 0231, INCL.)

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 1 AND ORDERING PERIOD

NO. 2)

(ITEM NOS. 0001 THROUGH 0131, INCL.)

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 1, ORDERING PERIOD NO.

2, AND ORDERING PERIOD NO. 3)

(ITEM NOS. 0001 THROUGH 0231, INCL.)

CY = CUBIC YARDS EA = EACH GA = GALLONS LF = LINEAR FEET

LB = POUNDS SY = SQUARE YARDS TN = TONS

ENSURE UNIT PRICES AND AMOUNT LINES FOR ALL ITEMS ARE

COMPLETED.

THE CONTRACT MINIMUM GUARANTEE IS $25,000. THE MINIMUM WILL

BE CONSIDERED SATISFIED FOR THE LIFE OF THE CONTRACT UPON

THE ISSUANCE OF A TASK ORDER(S) EQUAL TO OR GREATER THAN

THE MINIMUM GUARANTEE.

UNUSED CAPACITY FROM EACH ORDERING PERIOD WILL BE ROLLED

INTO THE NEXT ORDERING PERIOD.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the

Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent

Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the

IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than

English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

District Contracting Chief

US Army Corps of Engineers-Rock Island District Clock Tower Building, PO Box 2004 Rock Island, IL 61204

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Mr. Richard Busch, P.E.

Resident Engineer

Western Resident Office

U.S. Army Corps of Engineers

5301 NW 78th Avenue

Johnston, Iowa 50131

Telephone No.: 515-276-4656

(Collect calls not accepted.)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to

Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR)

49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation

(FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

Section 00600 - Representations & Certifications

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

http://www.sam.gov/ http://www.sam.gov/

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

https://www.acquisition.gov/

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-

5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of

6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting

Officer within five business days from the date of the inversion event.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the

Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea…

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